Nigeria: Shell-Ogoni Case - Victoria, but not justice
June 22, 2009
By Sokari Ekine and Firoze Manji
Shell has agreed to a court settlement requiring him to pay $ 15.5 million to the families of the nine Ogoni activists killed in 1995, but Sokari Ekine and Firoze Manji argue that this victory should not be confused with justice. Although representatives of an emerging movement has succeeded in bringing to the brink of a multinational trial, questions about the Niger Delta and Shell's atrocities to the environment and human rights violations remain intact, as the company is not liable of these actions. We continue to support the numerous lawsuits still pending before Shell, say Ekine and Manji, and ensure a broad discussion that helps establish greater justice for the Ogoni people and all people who suffer from exploitation by multinationals and government in Nigeria and beyond.
"And when I went, thinking how the war had ruined my city Dukan, crippled and killed many thousands of others, including my mother and my wife, Agnes, my beautiful wife, becoming a leper without land or home. "
"And I was thinking how I was proud to be Soza and call myself Sozaboy. But now, if someone says anything about the war, I just run and run and run ... Believe me, sincerely "- Ken Saro-Wiwa, Sozaboy.
Thirteen years ago, Ken Saro-Wiwa Jr. and the families of the eight other Ogoni men who had been killed by the Nigerian government in 1995, along with two other Ogoni began three lawsuits against the Royal Dutch Petroleum Shell Petroleum Development Corporation (SPDC) and Brian Anderson, former director general of the CEPD. The plaintiffs accused Shell of human rights abuses against the Ogoni people, the Nigerian military of arming and abetting in the extrajudicial killing of nine Ogoni activists in 1995. Shell's trial was to begin on May 26 but was later postponed indefinitely. On Tuesday, June 9, 2009, we learned that Shell had settled the case out of court for an amount of $ 15.5 million, which included a contribution of $ 5 million trust for the people of Ogoni. The resolution carries no admission of liability by the defendant. While the resolution is seen as a victory for human rights, raises a number of issues of concern to local communities facing multinationals for violating human rights and committing environmental crimes.
is impossible to separate the actions of multinational oil companies operating in the Niger Delta, the Nigerian government's actions in the region. The relationship between the two, although complex, is based on the profit above all other considerations. In exchange for the oil extracted from the Niger Delta, oil companies, with the support of the Nigerian state, have left an unprecedented ecological disaster reduction entire towns and villages to rubble, causing death by fire and pollution, leaving behind weapons of Nigeria's military. Shell and other oil companies in the region has one of the worst environmental records in the world. This includes air pollution and drinking water, degradation of farmland, damage to aquatic life, disruption of drainage systems and wildfires, which have left many dead, badly burned and no medical care. The causes of damage to the environment are oil spills from pipelines and flow stations, in many of the ancient peoples it crosses in front of people's homes, and burning gas, which produces emissions toxic to the atmosphere.
The late Professor Claude Ake, who died in a plane crash in 1996, used the term "militarization of trade" to describe the relationship between Shell and Nigeria's military government. What I was referring to the collaborative partnership between Shell and the military in planning the death of Ken Saro-Wiwa and nine Ogoni activists and thousands of others who have died since 1990. Although Ake dealt with the military government of late Sani Abacha, little has changed since 1995, despite the so-called 'democracy'. The contrary, violence has spread under the government of Olusegun Obasanjo and now Umaru Yar'Adua, who under military dictatorships. Only a month ago Joint Task Force for the Niger Delta (JTF, its acronym in English), Nigeria's military, under the pretext of eliminating the militants who were supposed to be hidden in the creeks began a sustained onslaught of collective punishment on communities in the region, this time in the southwest of Warri communities. The death toll remains unknown, but estimates range between hundreds and thousands, with 25,000 displaced. Young people are particularly at risk. They are the ones in the past have been captured by the JTF under the pretext that they were militants, when in fact their only crime is young.
is in this context that we must evaluate the settlement agreed between the families of the nine Ogoni activists and Shell. The emotional peculiarities of the plaintiffs in this case can not be underestimated and at some point they must all be able to rebuild their lives and look to the future. Nor is there doubt that this is a victory in the sense that a multinational has been on the brink of trial. It is no small feat. Is representative of an emerging movement that is suing multinationals accountable for their actions. The case adds to the legal precedent set by the Bowoto trial against Chevron last year (the plaintiffs lost the case), and reinforces the fact that United States and registered employers who commit atrocities abroad can go to trial, including, but not justice in each case. At the same time, we must be aware that although the courts in Nigeria asked for compensation of $ 1.5 billion from Shell for the Ijaw Aborigines of Bayelsa State, which has refused to pay so far. This is clearly a reflection of utter contempt and disrespect shown by multinational companies to the decisions of the Nigerian courts.
This case was brought by the families of the Ogoni Nine and not on behalf of the people of Ogoni. How much of this is a victory, and what are the implications for other laws possibly against Shell and other oil companies operating in Nigeria? The sum of $ 15.5 million, while constituting a considerable amount to the plaintiffs, is but a drop in the ocean of oil from Shell. Although legally the payment does not include an admission of guilt on the part of Shell, there is some cause for celebration of the Ogoni Nine, as the general public can draw their own conclusions as to the importance of Shell has had to compensate relatives. But the resolution also sends the message that the oil companies seem to be able to purchase impunity for the price of oil is extracted in one day in Ogoni, Ijaw or Itsekiri.
While the families of the Ogoni Nine may hold a partial victory and sighs of relief at the fact end years of anxiety and hard work to bring the case to court, it is hard not to think that there will still be a bitter taste of contaminated water, poisoned rivers, noxious gases, toxic fumes and the destruction of communities living under stress and exploitation - a burden to be borne by the Ogoni people for decades. The destruction of their communities and the environment has to hang on the doors of multinational companies like Shell and the Nigerian state. That
Shell was forced to pay, but not an admission of guilt "is a kind of victory. But we must be careful with the euphoria of the moment, not to confuse the victory with justice. There is no justice for the families of the Ogoni Nine or the people of Ogoni. This struggle for justice, and bring to justice those who carried out these crimes, it remains daily task. Like the Ogoni struggle begun by the Ken Saro-Wiwa, who became the inspiration for other nationalities in the Niger Delta to demand justice and fairness to the oil companies in Nigeria and the State-this trial is also a source of inspiration for others and, as such, was always bigger than just the case of the plaintiffs. It should be remembered now the military violence and environmental abuse continues to destroy people's lives. The last question is whether Shell, Elf, Mobil and Chevron are now ready to clean up their mess, or do things just remain the same?
There are a number of outstanding cases pending against Shell in Nigeria, including a demand from the people of Ogoni. It is unlikely to be offered outside the court, as we the people of Ogoni that justice is done and seen to be done, ensuring broad public discussion and support their struggles for justice. Sokari Ekine
blogger in Black Looks, and Firoze Manji, editor of Pambazuka
Source: www.180latitudes.org
Ventilator R-80 '- Ojos de Brujo If this world is constantly lost and not find the right Lie a good party and dance! Dance! Dance! Do not forget pa, but pa .. take better listen! 
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